Professional Documents
Culture Documents
0330 001
This course examines the major contours of the American Constitution excluding the Bill of Rights.
We will discuss constitutional law in the broader framework of social and political philosophy and
explore evolution of judicial doctrine through our constitutional history. The two major themes that
run through most of the cases are federalism and separation of powers.
Most of the course is devoted to close reading of Supreme Court cases with Socratic discussion in
class. Preparing cases in advance along with regular attendance and active class participation are
essential. There will be additional cases added other than ones listed in the syllabus.
There will be a midterm and final examination, several short announced quizzes and a legal opinion
writing assignment (approximately 12 pages) based on a hypothetical fact pattern. All of the foregoing
shall count towards the final grade.
Course Outline:
Theories of Jurisprudence:
2. Sociological Jurisprudence
Federalist No. 78
http://books.google.com/books?
id=w9lFMxRsI7AC&pg=PA24&lpg=PA24&dq=the+meese+brenan+debate&source=bl&ots=Q_IAfZ
2rtw&sig=Yr4DznzE3Afk6JWYIgsE8kcsLgk&hl=en&ei=2rqmSsCFL8fZnAeEpqC7Bw&sa=X&oi=b
ook_result&ct=result&resnum=1#v=onepage&q=&f=false
Stare Decisis
Denying Certioriari
Federalism:
Multi-tier Analysis:
Incorporation:
US v. Comstock (2010)
Eminent Domain:
Congressional Immunity:
Legislative Veto:
Foreign Sovereignty
Samantar v. Yousuf (2010)
Conclusion: